This one could be headed to the Supreme Court. In Hepp v. Facebook (Nos. 20-2725 & 2885, 3d Cir., 9/23/2021), https://www2.ca3.uscourts.gov/opinarch/202725p.pdf, the Third Circuit Court of Appeals created a split in the circuits on an important issue, the Ninth Circuit having ruled the other way in Perfect 10, Inc. v. CCBill LLC, 488 F.3d 1102 (9th Cir. 2007). Both cases were 2-1 decisions with vigorous dissenting opinions.